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87-1127 WHITE - CITV CLEPK PINK -�FINI�� " ��� COUnC1I �` � / CANARV - f` - fMENT GITY OF SAINT PAUL File N0. � �0� � Ci� _�ny/JTH , , ,Cou �l Resolution r - -� i . ��� ��---, Presented By Referred To Committee: Date 'Out of Committee By Date REAL ESTATE APPRAISAL DATA POLICY WHEREAS , by Resolution Council File No . 262849 adopted December 28 , 1973 , the Council of the City of Saint Paul apnroved , a policy making public real estate acquisition appraisals which Resolution was codified as Chapter A-5 to the Appendix, Saint Paul Administrative Code; and WHEREAS , by Chapter 311 , Laws of Minnesota 1981 , Section 39, the Legislature of the State of Minnesota enacted a statute � governing classification of real estate appraisals made by personnel of the City or independent appraisers acting for the City as a political subdivision of the State of r�innesota which ' statute was codified under the Government Data Practices Act as Section 13 . 50, Minnesota Statutes ; and ' WHEREAS , Chapter A-5 , Appendix, Saint Paul Administrative Code and Section 13 . 50, Minnesota Statutes contain inconsistent provisions , and it is desireable that City policy be brought ' into and remain in conformity with State Statute ; now therefore, be it ' RESOLVED by the Council of the City of Saint Paul as follows : 1 . That estimated or anpraised values of individual parcels of real property which are made by personnel of the City of Saint Paul or by inde- pendent appraisers acting for the City for the nurpose of acquiring land through purchase or COGINCILMEN Requested y partment of Yeas preW Nays Nicosia Offi of the torne Rettman [n Favor SCheibel Sonnen __ AgalllSt BY Tsdesco Wilson Form A by City tor Adopted by Council: Date � Certified P�assed by Council Secretary BY By� Approved Hy :Vlavor. Date _ Appro e Mayo r ' sion to Council BY - – — �J'r'-J"�' I WHITE - CITV CLERK PINK - FINANC£ GITY OF SAINT PALTL Council /�/� . I� CANARV - DEPARTMENT File NO• �+ �� //`^ � BL�'�E y�MAV pR 'ti► �1�!' � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- condemnation shall be confidential data on individuals within the meaning of Section 13 . 02 , Subdivision 3 of Minnesota Statutes 1986 . 2. That appraisals and appraisal data made confi.dential by provision of Paragraph l , above, shall become public upon the occurrence of any of the fol.lowing : (a) the negotiating parties exchange appraisals ; (b) the data are submitted to a Court appointed Condemnation Commission; (c) the data are presented in Court in condemnation proceedings ; or (d) the negotiating parties enter into an agreement for the purchase and sale of the property. 3 . That any future amendment of Section 13 .50 Minnesota Statutes 1986 by the Minnesota Legislature shall become City policy, it being the intent of the City Council that the City policy remain in conformity with State law. 4. That Resolution Council File No . 262849 is hereby rescinded and that Paragraphs l, 2 and 3 above be codified as Chanter A-5 , Appendix, Saint Paul Administrative Code under the title, "Real Estate Anpraisal Data Policy. " COUNCILMEN Requested by Department of: Yeas Drew Nays Nicosia � [n Favor Rettman Scheibel Sonnen � __ Against BY NC��a 3edeSC6' Wilson AUG 5 • �"� Form Approved by City Att9rney Adopted by Council: Date / ��v Certified Vassed il Secr y BY � By , � Approv Ylavor: Date �-�–���� Approved Mayor S issi to Council ,�i BY - — PUB�LtSH�D A U G 1 5 1987 " � / �7 ��ra 7 o DEPARTMENT / �`, N� _ O5S99 CONTACT ��;: � PHQNE � t�--�� DATE �e��_ . Qy�r � ASSIGN N ER FOR RO.UTING ORDER C1i All Locati ns for Si nature : Depa tment Director ' � Director of Management�Mayar T Fina e and Management Services Directar � 3 City Clerk Budge ; .Oirector � � City ttorney WHAT WILL BE ACHIEYED BY TAKING ACTION ON THE ATT CHED MATERIALS? (Purpose/ � Rationale) : . � _ �������.,�.��,��. .� ��� � ����� ���� w + RE���� � COST BENEF T BUDGETARY AND PERSONNEL IMPACTS ANTI IPATED: �UL 2 2�987 , -�°� �u►,YOas o�F�cE . , � . � EINANCING S URCE AND BUDGET ACTIVITY NUI�ER �CHARGED R CREDITED: (Mayor's signa- ture not re- Total Amo nt of'Transaction: ^- quired if under I � $10,000) Funding S u.rce: _,- �, Activity umber: • 'i _ i ATTACHMENTS List and Number All Attachments : ' ._-- . �. z �...,��r��-�o�� ', - .�r�r�'�a . � � . �/3 s�O.��s�l• �s� . ��� � �3. ' : � � � • �� �' , DEPARTMENT REV EW CITY ATTORNEY REYIEW � Yes No uncil Resolution Required? ' Resolution Required? �Yes No Yes No nsurance Required? Insurance Sufficient? �s No Yes No nsurance Attached: � (SEf •REVERSE SIDE FOR INSTRUC IONS) � Revised 12J84 ' ' ' r ,� Ci�--�:.7_/r;�'�� °s��"u`m`°v CITY OF SAINT PAUL rs. �,T, �. 3�0� 7��� �� _: OFFICE OF 7HE CITY ATTORNEY 0 y , ' 11111111111 b; `';� �!�!L�1�J �;� EDWARD P. STARR, CITY ATTORNEY ,. m "`���,',.��°',����''� 647 City Hall, Saint Paul. Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR July 21 , 1987 President and Members of the City Council c/o City Clerk 386 City Hall Saint Paul , MN 55102 Re: Policymaking Public Real Estate Acquisition Appraisals Appendix Chapter A-5 Saint Paul Rdministrative Code Dear Councilmembers: The City policy regarding disclosure of real estate appraisals is inconsistent with Section 13. 50 of Minnesota Statutes in requiring disclosure of the City appraisal at the time a property owner is first contacted by the City to sell and by allowing public access to the appraisal from the time of such contact. Section 13. 50 provides that appraisals are confidential until-- (a) the parties exchange appraisals ; (b) the appraisal date is submitted to a condemnation commission, or (c) a court in condemnation proceedings ; or (d) the parties enter an agreement for the purchase and sale of the property; when the appraisals become public data. Since enactment of Section 13. 50 in 1981 , the Valuation Division and this office have followed the statute , which is controlling. Both the Valuation Division and the City Attorney' s Office believe that the formal City policy should be brought into conformity with the statute. The enclosed draft Resolution would accomplish this. Yo s very tru y, ,--' T A,, S T. HART sistant City Attorney cc : Ed Warn Valuations Engineer � � � ,-�� � d'7- ��a � . . . - ��E ! ... . �,i a �� C �` CITY OF SAINT PAUL ��CGI V a:.� INTERDEPARTMENTAL MEMORANDUM JUL N 1987 �i�Yl� ����,!�p��.`'� To : James T. Hart Assistant City Attorney From : Edward J . Warn Valuation and Assess nt Engineer Date: July 1 , 1g87 Re : CI?Y POLICY: STATUS OF REAL ESTATE APPRAISALS I have reviewed the subject draft and discussed it with Bill before he left. I concur with your recommendation and request you prepare the final resolution . EJW:dm Attach . (Copy of draft resolution entitled REAL ESTATE APPRAISAL DATA POLICY) cc : Dave Pete Roxanna (CPREAPPRAISALS) I t <��r��: _ l� ��� � ������7 I APP. A-5 • ADMINISTRATIVE CODE CHAPTEftA-5.KEAL ESTATE PUR.CHASES—APPRAISALS MADE PUBLIC ' WHEREAS, Under the current procedures followed by the City of St.Paul in acquisition of property,the Valuation Bureau of the Fi- nance and Management Services Department has retained custody of appraisals and maintains that these documents are of , confidential status, and � WHEREAS, It is the view of the City Council of St. Paul that this proceduie is not in the public interest or the pubiic's right to know and have access to public records and documents maintained or , acquired prior to the completion of negotiation and purchase by the City of St. Paul of owner-occupied residential properties, and WHEREAS,It has not been demonstrated harm would result to the City of St. Paul by making these appraisals public,and any poten- : tial }iarm that may result to the City is far outweighed by the � public's right to know, and � WHEREAS,The City Council recognizes that when it is taking pri- vate property, many times from unwilling sellers, every effort must be made to insure that the private property owner receives full and fair market value for his property and knowing details of _ appraisals will help achieve this goal, and .� WHEREAS,Unlike private parties engaged in a real estate transac- tion when both parties try to arrive at a price favorable to them- "`` selves, government units do not have this same right but must do all possible to see that the private party receives full and fair market value with the benefit of full and complete information; THEREFORE BE IT RESOLVED,That real estate appraisals pro- cured on behalf of the City of St.Paul incident to land acquisition of owner-occupied residential properties be made available for public inspection and review at the Valuation Division's Office from the time when the landowner of land so appraised is first contacted to determine if he will sell his property to the City of St. Paul on the basis of such appraisals, and be it FURTHER R.ESOLVED,That the foregoing right to public inspec- tion and review not be limited and the owners of other properties . contemporaneously being acquired have the right, as members of S the public, in inspecting and reviewing the same. r . ��:s�� 9,�1181 151 `� i: .,,,� � . � :a„ -.���;..� -y, � � ���� � - ��_,��� - =� APP.A-5 ,� .� -r" a ADMINISTRATIVE CODE , =�� . � ~4 . _� ��� -� ' ' BE IT FURTHER RESOLVED,That any claim of confidentiality �;�, under the Lawy�erlClient privilege pertaining to this procedure is :.:�- herebv waived. •.... ' - BE IT FURTHER RESOLVED, That copies of this resolution be '`' •'�� forwarded to the City Administrator and the Finance and Man- � ' " - agement Services Department head. .�.;,,: _ x� � '� (C.F. ?62849. Dec. 28, 1973.) .�� +•�.T r�Ar �.�,�:. _ ' �. .�►"�r. �x.,�+ .:�• �_� ' ;a�.,,a,,.a . .,�., s •��:;a..l �:�w ' �, � - r=�ta�l . 7[L�� �.a•ti� �. ' . �.r.9-`�� . . .... _ �tyqt:•Ay�!' ='f!�:' . .��_� � . C•t�Z�.✓!^�' i-�1 Sr "'"!"ARl*'�'�'t _ - _ _.....ai� . ' .-a-v�..tii? _.. a, .'`;�w-- ,�; :;: • -.�:t��.. ..��:. ' _ '�-.�i.._ .. ...�"�'�q � � . .......1 • ��i �. ''�` �� ..e�i.T�:� ��L.���* . . ..�'!r'�.. ^ . ��•�l.:.' .. ,��iS r'���" .'hVV•� � •'f�� ...I� � ��•Tw - , �:)'� .. 9(1!f3t ,...::�w ' -:�� . .+.a.ae- - •-►���t' - .-.=�...± _��,:.::.+e4. ..y...m�r_+r.�et . , e.� •.+ � . . ` - � ' . ' � � . �5��6� _ . . "'�a"�V."r``v«�tv�.•t�.!a:�u, ' ' ' �w-� � . ' v.. ..r=+' .. _ • - +.`� r.�' ,-c.-.+.yRs.� 'Y^• T' �s$' r:.%3�'m... .�Tr'n" ti �,oa.< "�"� _ 's� �..�. _ ti� � :N.��..��� ���J+^ '�^f��. �-7e"ri� � _ + "' . .. . .. ' ~ "_ .: T ...vs - s �.�.^:�.�:��...'�tcr<!!'c..�''?x!.'.3�'3.5�'Z.. ._'!'��''r-� . _ �.-i-.-:.+�.?us�`'�'�...x+a�'_p`�►%?�,y'�. . ... . �:.�`_. _ .. . _.r??���.:r�XC� � r. � ., �� ' • s, �i.-;' ` � o� �� � - I , �� �,�. , �ti �� �� 7 � - ��� � GOVERNMET1T DATA PRACTICES GOY; § 13.46 � Library References � � � Deriv� �� Becords�58. Iaw � � CJ.S. Records § 36. _ � ! u , . � ' � 13.52, ' �1� ` � DATA MAINTAINED ONLY BY POLITICAL SUBDIVISIONS � An, �, 1 the a � ,�!'. Library Refennces � defer ' I: Records�1. � CJ.S. Records § 1. + " ' � I � � � Deriv� i. �.� 13.50. Appraisal data I,av� �: � � � Subdivision 1. Confidential data. Estimated or appraised values of individual par- I cels of_real property which are made by personnel of the state, its agencies and � 13.53, .I��., ,, ( �� , departments, or a political subdivision or by independent appraisers acting for the state, �� � �' its agencies and departments, or a political subdivision for the purpose of acquiring land � ThE ��';: through purchase or condemnation are class�ed as confidentaal data on individuals study t . I pursuant to section 13.02, subdivision 3. � ; P�l �'� � Subd. 2. Public data. The data made confidential by the provisions of subdivision 1 � place: ;�; I shall become public upon the occurrence of any of the following: ; Sa�E � (a) The negotiating parties exchange appraisals; + i�:" (b) The data are submitted to a court appointed condemnation commissioner, Derrv; , �. _ i , (c) The data are presented in cowrt in condemnation proceedinga; or • ' �" ��, (d) The negotiating parties enter into an agreement for the purchase and sale of the : 13.54, - - P�Pem'• . Amended by Laws 1983, c. 143, § 1. � SL� - publi+ � • Historical Note The 1985 amendment included the state, its Su; Derivation: agencies and departments in subd. 1. housi Laws 1982, c. 545, §� 21, 24. Librar�Refcnnees 3: Co �� StSupp., 1981, § 15.806. Criminal I.aw s�122`�. ed as - I : Lawa 1981, c. 311, § 39. CJ.S. Criminal I.sw 4 2008 et gecl• defer. _ �i;. , ' ' O�10E � � � frauc I �� ; -- � heari �!��� � ,' Subdivieion 1. Generally. The following data collected, created and main ' ed by f� political subdivisions are classified as priv�te,pussuant to section 13.02, au ' ion 12,or eontr ,�- t ti� l ` � nonpublic depending on the.content of the specific data:. - Sul ' �; � I . . . 4 : . . . �.:;� Data contained on sales sheets received from private multipl ' g serviee organiza- : - bY t� ' � tions where the contract with the organizations require e political subdivision to } .. 13.42 ' refrain from maldng the data available to the public. �' �n� _ tb :, . , the c� -:k �' i.;� ; $u b d. 2: - I n c ome pro p e r t y assessment data. e following data coUected by politicsl �f e r _ � ,,j�' ' . subdivisions from individuals or busine ntities concerning income properties are �r. � - � classified as private or nonpublic data uant to section 13.02, subdivisions 9 and 12: ��� � ' '. (a) Deta7ed income and ezpe figures tor the curre�t yeaz plus the grevious three Su ; ; I Y�; ` - housi �'' (b) Average vacan aetors for the previous t.�iree years; � all d . �: i - �-1-- ` t (c) Verified rentable areas or net t�sable areaa� whichever is appropriate; PropE � (d) capated income and expenses for the current year; and - , - p�� i Pron� �~ vacanc factor for �`` 114 w ..�, � -�;: .!�� I ��, ,; i :� I . i. ..�=Y.'. .p Y: �r7_ i� a � A G E N�q M A T E R I A L S _______�"____________________ COUNCIL ID4� � � DATE RECEIVED �01� ' AGENDA DATE AGENDA ITEM 4� SUBJECT � � ORIGINATOR . CONTACT S� RESEARCH STAFF ASSIGNED �J, (-� � DATE SENT TO CLERK 1�`7'-- COUNCIL ACTION MASTER FILE INFO AVAILABLE �-Z�i�- ���� � / , �i�-. �� �: - �l�.ur.`.� �r __ . ORD'/RESOL. �� DATE FILE CLOSED , .� � � � . � ,� ' � �;<:' � i